EMPLOYMENT RELATIONSHIP QUESTIONNAIRE

Transcription

1 SOCIAL SECURITY ADMINISTRATION TOE 420 EMPLOYMENT RELATIONSHIP QUESTIONNAIRE Form Approved OMB This questionnaire is authorized by Section 205(a) of the Social Security Act, as amended (42 U.S.C. 405(a)). While you are not required to respond, your cooperation will help us decide if the services performed by the worker can be credited as employment for social security purposes. Your cooperation in completing and returning this form will be appreciated. Please answer all items on this form; use "unknown" or "does not apply" if appropriate. If you need more space, use the space for "remarks" on the last page or attach another sheet. For your convenience, we have enclosed an envelope requiring no postage. FIRM'S NAME WORKER'S NAME ADDRESS OF FIRM WORKER'S SOCIAL SECURITY NUMBER FIRM'S FEDERAL EMPLOYER'S IDENTIFICATION DATE WORKER'S SERVICES PERFORMED FROM TO te.- The term "worker" refers to the person who performed the services. The term "firm" refers to the individual, corporation, partnership, association, or other type of organization for whom the services were performed. Check type of firm: Individual Partnership Corporation Other (specify) 1. Give nature of firm's business (for example drugstore, home owner, radio manufacturer, farmer, etc.); 2. State worker's occupation or title and give a complete description of the work done by him. 3. (a) If the work was done under a written agreement or contract, please attach a copy. (b) If the agreement was not in writing, describe the terms and conditions of the work arrangement. (c) If the actual working arrangement differed in any way from the agreement explain the differences, why they occurred and the date or dates of such change. 4. (a) Was the worker given training in the work by the firm? If "," how often and what kind? (b) Was the worker required to follow daily, weekly, etc., routines or schedules established by the firm? If "," explain the nature of the instructions (c) Was the worker given instructions about the way the work was to be done? If "," explain the nature of the instructions (d) Could the firm change the methods used by the worker in doing the work, or otherwise direct him as to how to do the work? Explain your answer Prior editions may be used until supply is exhausted.

2 5. (a) Did the firm engage the worker: Other (please explain) Full-time Part-time Particular job Indefinite period (b) Did the firm require the worker to work during fixed hours or at certain times? If "," explain. 6. Name the months and number of days worked in each month during this period of employment 7. (a) State the kind and value of tools and equipment furnished by: the firm the worker (b) List any other expense connected with the work that the worker had: 8. Was it agreed or understood that the worker would perform the services personally? If "," explain 9. (a) Did the worker have helpers? If "," answer (b), (c) and (d). (b) Were the helpers hired by: If hired by the workers, was the firm's consent and approval necessary? Who could discharge the helpers: (c) Who paid the helpers: If the worker paid the helpers, did the firm repay him? (d) How much of the work did the helpers do? 10. Who owned or rented the premises where the work was done? 11. (a) Check the type of pay worker received: Salary Commission Hourly Other (Please explain) Wage Advance or draw (b) Was he guaranteed a minimum pay? 12. Was the worker eligible for a pension, bonuses, paid vacations, sick pay, etc? If "," explain 13. Did the firm carry workmen's compensation insurance on the worker? 14. Were social security taxes deducted from amounts paid the workers? Unknown How did the worker report his earnings for income tax purposes? Wages Self employment income (a) Was the worker permitted to work for others if such work would not interfere with the services for the firm? If "," answer (b). (b) describe any work he did for others: Unknown

3 17. (a) Could the firm discharge the worker at any time? (b) Could the worker quit at any time? (c) Would liability be incurred if the worker quit or was discharged before the job was completed? If "," explain 18. (a) Did the worker work under: His own business name? The firm's name? (b) Did the worker advertise or maintain a business listing in the telephone directory, a trade journal, etc.? (c) Did the worker hold himself out to the public as available to do work of this nature? Of any other nature? If "," explain (d) Did the worker have a shop or office of his own? If "," where? (e) Was a license or certificate needed for the work? If "," what kind? 19. Please explain in detail why you believe the worker was an employee of the firm or was an independent contractor. 20. Has any other governmental agency ruled on the status of services performed by the worker or another person performing the same or similar services? If "," attach a copy of the ruling. 21. ANSWER NO. 21 ONLY IF WORKER WAS AN AGENT-DRIVER OR COMMISSION-DRIVER (a) List the products and/or services distributed (for example, bakery products, laundry services): (b) If the worker distributed more than one product or service, which was considered the principal or main product? Explain (c) Did the worker serve: Customers or routes designated by the firm? Both 22. ANSWER NOS. 22 AND 23 ONLY IF THE WORKER WAS A LIFE INSURANCE SALESMAN Did the worker devote his/her entire or principal working time to the sale of life or annuity contracts for the firm?

4 23. (a) Under the terms of the original contact, was it agreed that the worker would work: Full-time Part-time Other (please explain) (b) Were these terms of the contract ever changed? If "," give the date and explain the changes (c) Were the changes agreed upon by both the firm and the worker? 24. ANSWER NO. 24 ONLY IF THE WORKER WAS A HOME WORKER (a) Who furnished materials or goods used by the worker? Was the worker furnished a pattern of given instructions to follow in making the product? Explain Worker Firm (b) Was the worker required to return the finished product either to the firm or to someone designated by the firm? 25. ANSWER NOS. 25, 26, 27, AND 28 ONLY IF THE WORKER WAS A TRAVELING OR CITY SALESMAN Did the worker have an exclusive territory? Did the firm specify when and how often to work the territory? If "," explain 26. (a) What percent of his total sales for the firm were made to wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments? What percent of his total working time was spent in making such sales? (b) What percent of his working time for the firm was spent in selling to organizations other than those specified in (a), such as manufacturers, schools, churches, homeowners, etc.? 27. What was the approximate number of hours worked per day for the firm? Hours 28. Was the worker required to forward the orders to the firm? REMARKS: (This space may be used for additional explanation) I CERTIFY that all copies of contracts and all statements submitted herewith are true, correct, and complete to the best of my knowledge and belief. SIGNATURE TITLE ADDRESS DATE

5 Paperwork Reduction Act Statement - This information collection meets the requirements of 44 U.S.C. 3507, as amended by section 2 of the Paperwork Reduction Act of You do not need to answer these questions unless we display a valid Office of Management and Budget control number. We estimate that it will take about 25 minutes to read the instructions, gather the facts, and answer the questions. SEND OR BRING THE COMPLETED FORM TO YOUR LOCAL SOCIAL SECURITY OFFICE. The office is listed under U. S. Government agencies in your telephone directory or you may call Social Security at You may send comments on our time estimate above to: SSA, 6401 Security Blvd., Baltimore, MD Send only comments relating to our time estimate to this address, not the completed form.

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